Traduction de «pouvoir concurrent » (Français → Anglais) :

‘where an undertaking operates in a sector in which . producers from various Member States compete, any aid which it may receive from the public authorities is liable to affect trade between the Member States and impair competition, inasmuch as its continuing presence on the market prevents competitors from increasing their market share and reduces their chances of increasing exports’ (109).

Information that was prepared by a competition authority in the course of its proceedings for the enforcement of national or Union competition law (such as a Statement of Objections) or by a party to those proceedings (such as replies to requests for information of the competition authority) should therefore be disclosable in actions for damages only after the competition authority has found an infringement of the national or Union competition rules or has otherwise closed its proceedings.

Competition – Administrative procedure – Commission’s powers of investigation – Power to require the production of a communication between a lawyer and client

Competition – Administrative procedure – Commission’s powers of investigation – Power to require the production of a communication between a lawyer and client – Limits – Protection of confidentiality of such a communication – Extent – Exclusion of communications with in-house lawyers

Furthermore, although it is true that Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, has introduced a great number of amendments to the rules of procedure relating to European Union competition law, there is nothing in those rules to suggest that they require lawyers in independent practice and in-house lawyers to be treated in the same way with respect to legal professional privilege, for that principle is not at all the subject-matter of the regulation which aims to reinforce the extent of the Commission’s powers of inspection, in particular as regards documents which may be the su ...[+++]bject of such measures.

Whereas the Member States may not apply their national legislation on competition to concentrations with a Community dimension, unless the Regulation makes provision therefor; whereas the relevant powers of national authorities should be limited to cases where, failing intervention by the Commission, effective competition is likely to be significantly impeded within the territory of a Member State and where the competition interests of that Member State cannot be sufficiently protected otherwise than by this Regulation; whereas the Member States concerned must act promptly in such cases; whereas this Regulation cannot, because of the ...[+++]diversity of national law, fix a single deadline for the adoption of remedies;